How France’s sexual harassment law took a five-week hiatus

The suspension of the old law created a "dangerous void".

On 4th May of this year, France dropped its existing sexual harassment law. Yesterday, on 12th July the French Senate voted unanimously in favour of the new legal text on harassment. No, there’s no evidence of a spike in opportunist pestering and molesting in the period between the old law being dropped and the creation of the new law. Still, as busy as the French political system was with the transition to Hollande’s Presidency and the inauguration of the new Parliament, the question remains: how, exactly, did the legal right to not be harassed manage to go on a five-week holiday in France?

The issue began in the dying days of Sarkozy’s Presidency when the sexual harassment law, enacted in 1992 but modified in 2002 to broaden its meaning, was increasingly criticised and challenged in the courts for being insufficient – the 2002 legislation defined sexual harassment as “the act of harassing others to gain sexual favours”, a problematic and confusing definition (much sexual harassment and intimidation can take place without the harasser explicitly seeking sex from the victim, for instance) that France’s constitutional council declared the existing legislation inadequate, leading to its immediate suspension. As the National Assembly, who write the law, were elected in June, the transition-period left the old law suspended but the new law yet to be written.

Feminist groups in France had been arguing that the law was nearly useless, and being inappropriately used to downgrade crimes such as rape and sexual assaults: in this sense the new 2012 law, which presents three new tiers of protection for victims, is a clear improvement. Still, this eventual benefit was marred by the immediate concern of the legal purgatory the constitutional council’s suspension of the old law created, and women’s groups took to the streets to protest this oversight.

Because for all the dubious jokes about the interim period being a brief window of opportunity for the office letch, there were serious consequences to the legal hiatus: with no recourse to legal tools to prosecute, all ongoing harassment cases were dropped, including for sexual assault.  The highly imperfect temporary solution was for victims’ lawyers to look for other grounds for prosecution.  The new minister for women’s rights, Najat Vallaud-Belkacem, has since condemned the interim period as a “dangerous void” and made facilitating the new law’s passage her one of her first ministerial priorities.

Vallaud-Belkacem’s commitment is sorely needed after France’s recent international shame on sexual politics.  2011will forever go down as the annus horribilis of gender issues (or just the year of Are You Serious, Misogynists?) in France: on top of the Strauss-Kahn trial itself, the domestic media’s mishandling of “affaire DSK” increased global scrutiny of the country’s glaring gender inequities, while the Socialist Party (PS) primaries brought an unhappy reminder of the flagrantly misogynistic treatment of PS candidate Segolene Royal in 2007.  Little wonder that, by the end of 2011, protest group La Barbe were making international headlines for donning beards and damning the entrenched sexism in French society and politics.

With a new Presidency and Parliament, 2012 looks set to capitalise on the renewed concern for gender issues ignited by the DSK events, as the appointment of Najat Vallaud-Belkacem – who has a brief to address harassment and sexism as well as reverse the Sarkozy-era encroachments on women’s benefits – seems to indicate.  Hollande’s appointment of equal numbers of male and female ministers to his cabinet, while not in itself a guarantee that the government’s legislation will advance women’s rights, certainly signalled a recognition of the need to redress the gender-gap.   Hollande and the Minister of Justice have since echoed the Women’s Rights Minister’s assertion that combatting sexism will remain a priority.  As Vallaud-Belkacem said in a recent Guardian interview: "everything will be looked at through the prism of gender equality. If we see an imbalance, we will readjust it.”

The “dangerous void” left by the repeal of the sexual harassment law was a less than ideal start to a new era but one which, thankfully, appears to be being addressed promptly by Vallaud-Belkace. With a new Women’s Rights Minister and a gender-equal cabinet, the country now has a chance to recover from the sexist-nadir that was 2011. For your political elite to be roundly condemned as misogynist might be regarded as misfortune; misplacing your sexual harassment legislation begins to look like carelessness. Here’s hoping women’s rights in France continue to improve from this point.

 

A member of activist group La Barbe onstage at a recent event. Photograph: Getty Images
Photo: Getty
Show Hide image

The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

0800 7318496